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Kenya

IEBC mulls Ombudsman proposal for early exit ahead of polls

An illegality according to Amollo who argues that the framers of the Constitution were clear that the Head of State should have no discretion in the matter in order to preserve the independence of the Judiciary and restore public confidence in the institution of last resort.

“Article 166(1)(a) of the Constitution provides that ‘the President shall appoint the Chief Justice and the Deputy Chief Justice, in accordance with the recommendation of the JSC. In using the word shall, there is no discretion given to the President.

“Two, the wording of the Article is in singular (recommendation) as opposed to plural (recommendations) which clearly, therefore, limits the idea of recommending several names to the President.”

It’s also worth noting that opposition leader Raila Odinga has expressed no confidence in the IEBC Commissioners who presided over the last presidential election which he lost.

READ: CORD to put up fight to retain Judiciary’s autonomy

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